Centre can’t bring Bill on dams: BJD

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New Delhi: The Biju Janata Dal (BJD) Wednesday opposed the introduction of Dam Safety Bill, 2018 citing legislative incompetence of Union government to bring such bills.
Speaking on behalf of the party during the Zero Hour in the Lok Sabha, BJD Parliamentary Party leader Bhartruhari Mahtab said the Union government does not have legislative competence to legislate on this Bill as the subject comes under the purview of state governments as per List II (2017) of Seventh Schedule of the Constitution of India.
“I would like to mention that the committee, which was formed subsequently takes note that the regulation of safety of dams has not yet been declared by the Parliament to be expedient in public interest. However, they are not inclined to accept the view that the Parliament has no power to make laws on this subject as stated in the preamble of the Bill of 2010. That does not find place in the Bill of 2018. Therefore, I stand here and would like to state that our party opposes the introduction of this Bill,” Bhartruhari Mahtab said.
However, Union Minister of State for Water Resources, River Development and Ganga Rejuvenation Arjun Ram Meghwal introduced the bill in the House.
Speaking on the competency of the government to introduce the bill, Meghwal said, “As per Article 252, if two states pass a resolution in this regard then central government has legislative competency to bring the Bill. Andhra Pradesh and West Bengal have passed resolution in this regard. I thus introduce the Bill in the House”.
Meghwal said that the Bill was introduced in the 15th Lok Sabha and was referred to Standing Committee. The committee had given some observations on the bill but it could not be passed as the House was lapsed.
According to the ministry, the Dam Safety Bill, 2018 will address all issues concerning dam safety including regular inspection of dams, emergency action plan, comprehensive dam safety review, adequate repair and maintenance funds for dam safety, instrumentation and safety manuals. It lays onus of dam safety on the dam owner and provides for penal provisions for commission and omission of certain acts.
The Bill provides for proper surveillance, inspection, operation and maintenance of all specified dams in the country to ensure their safe functioning. It also envisages constitution of a National Committee on Dam Safety, which shall evolve dam safety policies and recommend necessary regulations as may be required for the purpose.
The Bill further provides for establishment of National Dam Safety Authority as a regulatory body, which shall discharge functions to implement the policy, guidelines and standards for dam safety in the country. It also advocates for constitution of a State Committee on Dam Safety by state governments.